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OF ATTORNEY CLIENT PRIVILEGE

• This form of communication is for informational purposes only and NOT legal advice.

• You agree that submitting electronic information to us does not constitute a request for legal advice and that you are not forming an attorney-client relationship between any attorneys affiliated, or employed by the Men’s Legal Center, unless agreed upon via retainer agreement with the Men’s Legal Center.

• You are urged not to send us any confidential information contained in an e-mail or any attachment until such time as we have indicated to you that we are able to review that information.

• You recognize that our review of your information, even if it is confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

• If you have time sensitive information do not e-mail us. Please call us and schedule an initial consultation at (619) 234-3838.

• By clicking “Accept,” you represent that you understand this disclosure and agree that submitting this form to our attorneys DOES NOT establish any type of attorney client relationship with the Men's Legal Center.

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Client’s Testimonials

Bwayne 0.

I'll start by saying that Dianne Jones truly became my Guardian Angel! In regards to my divorce case that has lasted several years without an end in sight

Adam B.

I just had my first meeting with Dianne Jones at Men's Legal Center. I walked into the office entirely overwhelmed at the divorce process after being served

Shane M.

Being a dad with two baby mommas, I was scared of the court process hearing that California is a mommy state. DO NOT BELIEVE THIS! A big THANK YOU to Men's

Aug

23

Divorce: Does It Really Matter Who Files First?

You may have heard the old saying, “He who files first, files best.” Is that really true in divorce cases, or should you wait to be served before answering a divorce claim?

The short answer is, “Yes, it matters,” but the accurate answer is, “It depends.” Every divorce situation is different, and although the non-filing spouse statistically may face consequences for waiting to be put on the defensive, sometimes this is actually the best legal move.

Filing First: The Benefits

There are reasons for the old saying and the attitude prevalent among attorneys that it is better to take the offensive stance and file for divorce first. These reasons include:

The spouse that files first may have more control over the speed of the proceedings and certainly sets the clock ticking to start the timeline for answering motions and other pleadings.

A judge may be influenced by the grounds stated in an initial filing, especially if the spouse is alleging abuse, adultery or other “bad” behavior. The ultimate divorce may not hinge on those grounds, but the judge’s attitude can still be colored by these accusations.

The filing spouse may request that the responding spouse pay half of the fees associated with filing for divorce.

Most divorces are ultimately settled by mutual agreement; only a small percentage ever go to trial. Of those that do, the petitioning spouse is almost guaranteed to be granted a divorce at some point; however, there may be very long, drawn-out battles between filing and the final decree.

What Should I Do If I Am Facing Divorce?

Because each situation is so different, it is almost impossible to give blanket advice on what to do in a divorce-prone scenario beyond saying: get a lawyer. This is always the best advice, as a divorce lawyer works to protect your rights.

Many fathers find themselves on the receiving end of divorce papers and as a result lose a certain amount of control regarding contact with their children. A divorce lawyer can help ensure that your rights as a father are protected and that visitation, custody, child support and other issues are handled fairly. It is vital that you protect your rights as a father in a world in which women are routinely given child custody and large amounts of support.

An attorney can also give you good advice whether filing first will be to your benefit. If so, the attorney can guide you through the process of filing and help you determine the best way to protect yourself in a divorce situation.

DISCLAIMER AND NON DISCLOSURE
OF ATTORNEY CLIENT PRIVILEGE

• This form of communication is for informational purposes only and NOT legal advice.

• You agree that submitting electronic information to us does not constitute a request for legal advice and that you are not forming an attorney-client relationship between any attorneys affiliated, or employed by the Men’s Legal Center, unless agreed upon via retainer agreement with the Men’s Legal Center.

• You are urged not to send us any confidential information contained in an e-mail or any attachment until such time as we have indicated to you that we are able to review that information.

• You recognize that our review of your information, even if it is confidential and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

• If you have time sensitive information do not e-mail us. Please call us and schedule an initial consultation at (619) 234-3838.

• By clicking “Accept,” you represent that you understand this disclosure and agree that submitting this form to our attorneys DOES NOT establish any type of attorney client relationship with the Men's Legal Center.